1. Your Acceptance
2. Alternion Website
B. The Alternion Website may contain links to third party websites that are not owned or controlled by Alternion. Alternion has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Alternion will not and cannot censor or edit the content of any third-party site. By using the Alternion Website, you expressly release Alternion from any and all liability arising from your use of any third-party website.
3. Alternion Accounts
A. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Alternion immediately of any breach of security or unauthorized use of your account.
B. Although Alternion will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Alternion or others due to such unauthorized use.
4. Use of the Alternion Website - Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Alternion Website, including but not limited to User Submissions (defined below), without Alternion's prior written authorization.
B. You agree not to alter or modify any part of the Alternion Website, including but not limited to the technologies it utilizes.
C. You agree not to access User Submissions (defined below) or Alternion content through any technology or means other than the video playback pages of the Alternion Website itself or other explicitly authorized means Alternion may designate.
D. You agree not to use the Alternion Website, including Alternion's embeddable player for any commercial use, without the prior written authorization of Alternion. Prohibited commercial uses include any of the following actions taken without Alternion's express approval:
E. Permitted commercial uses include uploading an original video to Alternion, or maintaining an original show on Alternion, to promote your business or artistic enterprise, subject to the terms of the Alternion Member Agreement, and any other use that Alternion expressly authorizes in writing.
F. If you use the Alternion embeddable player on your website, you must include a prominent link back to the Alternion Website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of Alternion's embeddable player in any way.
G. You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", to generate artificial views of Video Content, or to otherwise access the Alternion Website in a manner that sends more request messages to the Alternion servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Alternion grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Alternion reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Alternion Website, nor to use the communication systems provided by the Alternion Website (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Alternion Website with respect to their User Submissions.
I. Alternion reserves the right to discontinue any aspect of the Alternion Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Alternion Website.
A. The content on the Alternion Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Alternion, subject to copyright and other intellectual property rights under the law. Content on the Alternion Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Alternion reserves all rights not expressly granted in and to the Alternion Website and its contents.
B. You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the Alternion Website.
C. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Alternion Website. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Alternion Website or otherwise as prohibited under this Agreement.
D. You may access Alternion Content, User Submissions and other content only as permitted under this Agreement. Alternion reserves all rights not expressly granted in and to the Alternion Content and the Alternion Website.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Alternion Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Alternion Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Alternion Website or its Content.
G. You understand that when using the Alternion Website, you will be exposed to User Submissions from a variety of sources, and that Alternion is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Alternion with respect thereto, and agree to indemnify and hold Alternion, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Alternion Website.
6. Account Termination Policy
B. Alternion reserves the right to decide whether Content or a User Submission is appropriate for display on the Alternion Website, and Alternion may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.
7. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Alternion's copyright department with the following information in writing:
Notifications of claimed infringement should be emailed to email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by Alternion’s copyright department, Alternion may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Alternion's sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ALTERNION WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALTERNION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ALTERNION WEBSITE AND YOUR USE THEREOF. ALTERNION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ALTERNION WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ALTERNION WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ALTERNION WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ALTERNION WEBSITE. ALTERNION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ALTERNION WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALTERNION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL ALTERNION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ALTERNION WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ALTERNION WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE ALTERNION WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ALTERNION WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALTERNION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Alternion Website is controlled and offered by Alternion from its facilities in the United States of America. Alternion makes no representations that the Alternion Website is appropriate or available for use in other locations. Those who access or use the Alternion Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.